The man in his 50s is accused of raping a 13-year-old girl, as well as sexually abusive behavior towards three girls under the age of 16. He is also accused of threatening the girls. He has been convicted of various sexual offenses several times in the past, and was remanded in custody because the court believed the risk of repetition was high. If he is convicted in the case, he risks detention. In a recent ruling from Søndre Østfold district court, it is written that the court still believes the risk of recurrence is high. The judge also refers to a statement from the court-appointed experts, who conclude that there is a high risk of new sexual offenses if the man is released. At the same time, however, the district court believes that the man’s state of health makes it disproportionate to keep him imprisoned until the trial in September. It was therefore decided on Thursday that the man should be released. “The court refers to the extensive health challenges the defendant has explained in court today, and in previous prison meetings. Nor can the court see that the prosecution has taken sufficient steps to improve the defendant’s situation,” the ruling states. – Has fought to get the necessary health care The public prosecutor’s office has appealed the decision. Thus, the man is still imprisoned until the Court of Appeal has considered the case. – It is a fundamental principle in Norwegian law that inmates have a right to proper health care. And if the prosecution is unable to ensure that the minimum requirements are met, the inmate must be released, says defense attorney Anne-Marie Gulichsen to news. The ruling shows how a discussion has been going on all summer so that the defendant will be given the opportunity to train more often, in order to keep his illness in check. Reference is also made to several messages of concern from prison officers in Halden prison. Defends Anne-Marie Gulichsen at Elden Advokatfirma. Photo: Ole Berg-Rusten / NTB Nevertheless, measures have not been taken to ensure that the man can still be imprisoned without it becoming disproportionate, writes the district court. – He has always fought to get the necessary health care, not primarily to be released. But based on how the situation has developed in recent months, I believe it was right for the court to release him now, so he can get the help he needs, says Gulichsen. She adds that a lot needs to be done before the court allows a person with a high risk of recidivism to be released from custody. – That says something about how big negative consequences the lack of health care has had. Police prosecutor Henriette Laache-Sæther believes it is still proportionate that the man is in custody until the trial against him. – During the last two weeks that he has been in custody, he has been offered training at least 6 times, which the prosecution believes must be included. And we believe that in any case it satisfies his health needs, says Laache-Sæther to news. – Creates insecurity There are a total of five underage girls who have been offended in the case, in various charges. Legal aid lawyer Kari Tveter Iversen does not want to comment on the case, but confirms that her clients have been informed of the possible release. Kenneth Hansen represents several of the victims in the case. Photo: MORTEN ROSENVINGE / news Assistance lawyer Kenneth Hansen says it has been a sense of security for his clients that the defendant has been in police custody since September last year. – If it is true that there are not sufficient facilities in the prison for him to receive the necessary health care, I find this strange in that it is a very serious matter, and that such circumstances are precisely relevant to the proportionality assessment that must be made after the criminal procedure law, writes Hansen to news. – It creates a significant insecurity for my clients that they may run the risk of meeting him outside, and especially considering that it is a question of minors. At the same time, of course, one has respect for the assessment that the judiciary may come to, and therefore awaits the Court of Appeal’s assessment. Torgeir Røynås Pedersen also represents one of the girls. He emphasizes that he does not know the defendant’s state of health other than what appears in the latest imprisonment orders. – If he has those needs, it is very inappropriate that the prison is unable to adapt to the needs he may have. Especially after the Court of Appeal in the previous ruling made it clear that this had to be cleaned up, says Pedersen to news. – It creates insecurity that he is released, there is no doubt about that. My client wishes for him to remain seated until the case comes up, he adds. Police attorney Laache-Sæther emphasizes that she believes there is still a risk of repetition in the case. – Experts have now been involved in the case and have concluded that there is an increased risk of recidivism for new sexual offenses if he is released. That is one of the reasons why the prosecution still wants him imprisoned. She believes the defendant receives adequate health care in Halden Prison today. – There are different offers in different prisons, so we have explored the possibilities of transferring him to another prison with a different training offer, she says. Published 11.08.2024, at 21.34
ttn-69
Fears of new assaults – rape accused may still be released – news Norway – Overview of news from different parts of the country
